Alex Armstrong
Anaerobic digestion

Anaerobic Digestion & Waste Energy Sector Legal Services

While we are seeing decreased numbers of solar and wind schemes, there is significantly increased interest in other energy generation schemes. Although these schemes have seemed attractive for some time, it seems likely that solar and wind projects were historically favoured by developers as they are (relatively) simple to install and require limited ongoing management.

Anaerobic digestion, for example, is a very different set-up and can require landowner and developer to work in unison for many years, particularly where there is a feedstock contract. These sorts of schemes also lend themselves to more diverse structures so that, for example, the landowner may take an equity stake in the development company.

We have extensive experience of these technology types acting for landowners and developers. Our clients value the holistic approach that we take to projects to ensure that they can be installed and operated successfully.

How we can help

  • Joint venture agreements – many energy plants are constructed by a joint venture between two or more parties – be they neighbouring farms, or investors and landowners. It is important to be sure at outset how the partners to such a joint venture stand and we will help to make sure that any agreements you make both protect you and help the project to move forwards.
  • Construction contracts – an energy plant can be a complex and expensive project to undertake. It could involve many parties and contractors – some of whom may be non-UK based. Having the right contracts in place will ensure that your project comes in on time and to budget, and that each party knows their duties and responsibilities.
  • Finance – large projects often have numerous financial inputs from investors/banks and even grant funding organisations.  We can work with you to ensure that the business agreements are correctly structured and that you are not exposed to undue financial risk during the lifetime of the project.
  • Feedstock contracts – it is vitally important that your plant has enough ‘fuel’ to generate the energy you require. This is particularly the case for AD and energy from waste plants. Whilst much of this may be available from existing sources, there is sometimes a need to supplement this, for example, to manage seasonal fluctuations.  Establishing contracts with suppliers will enable you to call off supplies as and when required from a reliable source. It means that your energy plant should run as you expected with the financial returns required. We have experience of drafting feedstock supply agreements and can help ensure that you are protected as much as possible.

 

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